Someone hit the back of my car and didn’t have insurance. I only have liability so my insurance won’t cover it . I don’t know how to get my car fix . Should i sue the person or press charges?
Hopefully, you called the police right when this occurred and have a police report. It will be up to the solicitor's office on whether or not to file charges. Unfortunately, this person may be judgment proof. This means that even if you were to sue them and successfully obtain a judgment, you may have no way of actually collecting against that judgment.
It depends on whether or not you would be able to collect on any judgment. Suing someone personally only gives you a Judgment and then you have to execute on it. If the person has no assets to recover, then you may have a hard time collecting. You can also file a claim with the DMV ..... http://web01.dps.louisiana.gov/Omv1.nsf/$print/233E2452607C7B1D862564B60047CF69?OpenDocument
Yes you can sue the uninsured driver as the other attorneys who answered your question noted, but another additional option may be helpful. If you go to the La Dept of Public Safety web site you can download a safety responsibility claim form. https://dpsweb.dps.louisiana.gov/DPSForms.nsf/.
Complete it and send to the address on the form. If you take this action my experience is The Dept of Public Safety will withdraw the driving privileges of the uninsured Driver and perhaps the owner. The loss of a driver's license is a powerful motivator to bring the offender to the bargaining table to pay for you collision loss. If you do not get satisfaction, keep in mind the time limitations to bring a claim for damages in La is 1 yr.
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You may have to repair your car with your personal funds. The other attorneys are correct. You can sue and represent yourself, but you still have to be able to collect the funds. If the damages are not that significant, you may be able to proceed in City Court in Vidalia or the small claims court in your parish. Check with the clerk's office. They may be able to help you. In the future you may wish to consider uninsured motorist provision to your insurance policy. Good luck.
Disclaimer: This answer does not constitute legal advice to establish an attorney client relationship. I am admitted in the states of Louisiana, Mississippi and the District of Columbia only. I make no attempt to issue opinions on matters of law that may be applicable to other jurisdictions other than to the states in which I am admitted to practice. Advice is based on general principles of law that may or may not relate to your specific situation in your specific jurisdiction and solely upon the written question presented. You should not rely on this advice alone. Nothing in these communications creates an attorney client relationship as each state that I am admitted has specific requirements for the establishment of an attorney client relationship. You should seek the advice of legal counsel in your respective jurisdiction for a more complete answer.
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